Bloody censorship: swearing and freedom of speech

Abstract

This paper considers current legislation in three states providing for an offence of offensive and/or obscene language. The author argues that the constitutional protection of political free speech could be used to challenge the constitutional basis for such laws. It argues that the existing implied freedom of political communication should be expanded to a general freedom of speech protection, and that the rule of law might also be infringed by such laws, since there is evidence they are applied in an arbitrary way against the most vulnerable members of our society.